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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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ORDINANCE NO. __________________
ORDINANCE ENACTING CHAPTER 17.74 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO SHORT-
TERM RENTALS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 17.74 of the Bakersfield Municipal Code is hereby enacted to read as follows:
Chapter 17.74 SHORT-TERM RENTALS
Sections:
17.74.010 Purpose.
17.74.020 Definitions.
17.74.030 Permit required.
17.74.040 Expiration and Renewal.
17.74.050 Short-Term Rental Regulations.
17.74.060 Short-Term Rental Operator Requirements.
17.74.070 Enforcement.
17.74.080 Fees.
17.74.090 Appeal of permit denial or revocation.
17.74.100 Severability.
17.74.010 Purpose.
The purpose of this Chapter is to establish regulations, standards, and a permitting process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short-term basis; ensure the collection and payment of Transient Lodging Taxes ("TLT"); safeguard the residents of the City by ensuring that short -term rental activities do not threaten the character of residential neighborhoods; and ensuring that such short -term rental activities do not become a nuisance, or threaten the public health, safety or welfare of neighboring properties.
17.74.020 Definitions.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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A. "Booking transaction" means any reservation and/or payment service provided by a person or entity who facilitates a short-term rental transaction between a prospective guest and a short-term rental operator.
B. "Emergency contact person" means the person designated by the operator to respond to and take remedial action regarding short term rental complaints.
C. "Guest" means any person or persons renting a short -term rental for overnight transient occupancy.
D. "Host" means the natural person or persons, who is/are the owner of record of the property or operates the property, including, but not limited to, a personal or family trust consisting solely of natural persons and the trustees of such trust or a limite d liability company and the members of such company, or who is/are an authorized tenant of the property.
E. "Hosting platform" means a person or entity that participates in the short -term rental business by collecting or receiving a fee, directly or indi rectly through an agent or intermediary, for conducting a short -term rental booking transaction using any medium of facilitation.
F. "Prohibited buildings" means buildings where short-term rentals are not permitted to operate, such as deed restricted affordable housing units. The prohibited buildings shall also apply to buildings with restrictive covenants or homeowners' associations covenants, conditions, and restrictions (CC&Rs) that are not discriminatory (as defined in Government Code 12955).
G. “Residential development project” means a multi -family development (two (2) or more units) with one (1) or more buildings on one (1) or more parcels of land.
H. "Short-term rental" or "STR" means a residential dwelling unit, that is offered or provided to a paying guest(s) for occupancy by a short-term rental operator for the use or possession, or the right to the use or possession, for overnight lodging, dwelling, or sleeping purposes for one (1) to thirty (30) consecutive nights. This term shall not i nclude hotels, motels, inns, or bed and breakfast inns, or hourly rentals.
I. "Short-term rental advertisement" means any method of soliciting use of a dwelling unit for short-term rental purposes.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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J. "Short-term rental operator" or "operator" means any person who is the owner or tenant of a dwelling unit, who offers or provides that dwelling unit, for short-term rental use.
K. "Tenant" means a person who has a rental agreement for a dwelling unit in which the rental payments are paid on a monthly or other periodic basis in exchange for occupancy of the dwelling unit.
L. "Transient lodging tax" or "TLT", also commonly referred as “TOT” means local transient lodging tax as set forth in Chapter 3.40.
17.74.030 Permit required.
A. No person or entity shall advertise, rent, or operate a short-term rental in the City unless a short-term rental (STR) permit has been issued by the City pursuant to this Chapter. An STR operator shall obtain a permit from the City and shall be responsible for all requirements of this Chapter. Application for a STR shall be in a form prescribed by the Development Services Director with all information determined by the Director to be necessary to evaluate the eligibility of the operator, consistent with this Chapter.
B. The following requirements must be met at the time of submitting a STR permit application:
1. The residential dwelling shall not be an accessory dwelling unit, a junior accessory dwelling unit, a deed restricted affordable housing unit, in a special group residence, a single room occupancy, or a residential development project.
2. The STR operator shall identify, to the satisfaction of the City, an emergency contact person who shall be available twenty -four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints forwarded from the City or its agent regarding the condition, operation, or conduct of the STR or its guests; and (2) taking any remedial action necessary to resolve such complaints.
3. The full legal name, the street and mailing address, the email address and the telephone number of the property owner and in all cases where a business entity or trust is the property owner, the individual who has responsibility to oversee the ownership of the dwelling on behalf of the business entity or trust, including the street and mailing address, the email address and the telephone number of the individual having such responsibility.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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4. If the property owner is a business entity, information and documentation pertaining to the owner’s status with the California Secretary of State shall also be required.
5. If the STR operator is not the property owner, a signed and notarized property owner consent form shall be provided. The documentation provided shall have the full legal name of the owner, mailing address, email address and telephone number.
A property manager may submit this form on behalf of the property owner with a fully executed and current property management agreement.
6. The dwelling unit shall not be the subject of any active or pending code enforcement actions or violations pursuant to the Bakersfield Municipal Code.
7. No STR permit for the dwelling unit has been revoked or d enied within the last twelve (12) months.
8. If the dwelling unit is subject to the rules of a homeowners' association or non - discriminatory restrictive covenant that restricts STRs or their equivalent, allowance to engage in short-term rental activity through this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions in those documents.
Operator shall provide City with written proof that its homeowner’s association allows STRs.
9. The STR operator shall sign an indemnification agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect and defend the City, the City Council, individually and collectively, and the City’s representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the operator's actions or inaction in the operation, occupancy, use, and/or maintenance of the short- term rental.
10. The residential dwelling unit shall be legally permitted.
11. After the submission of an application, the property shall receive an inspection to determine the presence of any hazardous or unsafe conditions and document the areas that will be advertised for STR occupancy by guests. If the City determines corrective action is needed as a result of the inspection, the STR operator shall resolve these issues prior to the issuance of a STR permit.
12. There shall be no outstanding code enforcement citation fees owed against the property.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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13. If the STR operator fails to meet all requirements listed above within forty-five (45) days after the application has been reviewed by the City, such application shall become invalid and no permit shall be issued unless a new application is submitted and a new fee paid.
14. The STR operator is required to obtain a business tax certificate pursuant to Chapter 5.02 of this Code before renting or advertising the availability of the STR dwelling unit.
17.74.040 Expiration and renewal.
A. A STR permit is valid for one (1) year from the date of issuance. It may not be transferred or assigned and does not run with the land. A STR permit may be renewed annually if the operator: (1) pays the renewal fee; (2) provides information concerning any changes to t he previous application for, or renewal of, the STR permit; (3) submits records described in Section 3. 40.070 for the last year to demonstrate compliance with this Chapter; and (4) provides updated written documentation as applicable.
B. Upon review of the STR renewal application, the City may require a re -inspection of the property as a condition of STR renewal permit approval.
C. In order for the STR permit to be eligible for renewal, the dwelling unit or property owner and/or operator shall not be the subject of any active or pending code enforcement actions or violations.
D. The STR permit shall not be renewed if the STR owner or operator has accumulated t wo (2) or more citations during the twelve (12) month lifespan of the permit.
E. If the STR operator fails to obtain approval within forty -five (45) days after the renewal application has been reviewed by the City, such renewal application shall become invalid and no permit shall be issued unless a new application is submitted and a new fee paid.
F. The STR permit shall not be renewed if there are outside code enforcement citation fees owed against the property.
17.74.050 Short Term Rental Regulations.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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A. All marketing and advertising of a STR, including any listing on a hosting platform, shall clearly list the City-issued STR permit number and expiration date.
B. STR’s are prohibited in any part of the property not approved and permitted for residential use/habitable space including, but not limited to, a vehicle parked on the property, a recreation vehicle, pool house, a storage room/shed, trailer, garage, boat or similar watercraft, tree house, or any temporary structure, including, but not limited to, a tent. Accessory dwelling units (ADU) and junior accessory dwelling units (JADU) are approved for residential use but are prohibited from use as a STR.
C. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information:
1. The maximum number of occupants permitted in the unit;
2. Parking capacity, location of parking spaces, and parking rules, if any;
3. Trash and recycling pickup information;
4. The name of the emergency contact person and a telephone number at which that person may be reached on a twenty-four (24) hour basis;
5. Emergency contact information for police, fire, or emergency medical services; and
6. Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations.
D. The maximum number of persons who may be present on the STR property at one (1) time shall be limited to two (2) persons per bedroom, up to an absolute maximum of eight (8). This calculation shall be inclusive of children. At no time during a short-term rental stay may the maximum occupancy exceed eight (8) persons in any STR.
E. Use of all outdoor pools, spas and hot tubs shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.
F. All activities shall comply with all provisions of the Bakersfield Municipal Code, including, but not limited to Chapter 9. 22 (Noise), Chapter 9.23 (Loud or Unruly Events), Chapter 8.29 (Litter Control), and Chapter 8.32 (Solid Waste/Recyclable Materials/Organic Waste).
G. No registered STR operator shall offer or provide hourly rentals to a paying guest at the residence, property, or any other portion thereof where the unit is registered.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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H. No sign shall be posted on the exterior of the STR premises to advertise the availabilit y of the STR rental unit to the public.
I. No person shall offer, advertise, book, facilitate, or engage in short-term rental activity in a manner that does not comply with this Chapter.
J. The STR operator shall not knowingly book, transfer, or facilitate the booking to any person banned or removed from any STR in the previous five (5) years.
K. No STR advertisement shall offer a unit, bedroom, or any other area not documented during an i nspection(s) described in Section 17.74.030(B)(10) or Section 17.74.040(B), whichever is more recent.
L. Short-term rentals shall comply with all applicable laws and regulations of the City including those pertaining to health, safety, building, and fire protection.
M. The STR operator shall pay all applicable fees and charges set by the City Council as may be necessary to effectuate the purpose of this Chapter.
N. The appearance of the STR premises shall not conflict with the residential character of the neighborhood. All applicable development, design, and landscaping standards, including, but not limi ted to, those contained in Chapter 17.61 of this Code, are expressly made applicable to any premises used for STR purposes.
17.74.060 Short-Term Rental Operator Requirements.
A. The STR operator shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations, and trash and recycling disposal requirements to prospective guests, prior to their occupancy of the unit.
B. Any issues raised or brought by the City to the STR operator must be resolved within the timeframe set by the City when notified by a citation warning notice or citation issued, and failure to do so may result in penalties and/or fines.
C. The STR operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, emergency contact, and emergency response contact information.
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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D. The STR operator shall maintain and provide proof of liability insurance appropriate to cover the short -term rental use in an aggregate of not less than One Million Dollars ($1,000,000); or conduct each short-term rental transaction through a platform that provides equal or greater insurance coverage.
E. Transient Lodging Taxes (TLT’s) shall be collected on all STR’s. Operators are solely responsible for the collection of all applicable TLT and remittance of the collected tax to the City in accordance with Chapter 3.40.
F. The STR operator and property owner shall be jointly responsible for any nuisance violations arising at a property during STR activities.
G. The STR operator must co nsent to receive all City notices and fines regarding STR registration by U.S. mail.
17.74.070 Enforcement.
A. It is unlawful to violate the provisions of this Chapter. Violations include, but are not limited to:
1. Failure of the emergency contact to acknowledge and take any remedial action needed to respond to a complaint forwarded by the City or its agent within one (1) hour after the complaint is received or a contact is attempted and the emergency contact cannot be reached;
2. Failure to promptly notify the City when the emergency contact information changes;
3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter;
4. Providing false or misleading information on a STR permit application or other documentation required by this Chapter;
5. Any attempt to rent an un permitted STR by advertising the property for short - term rental purposes;
6. Violations of state, county health, City, building, or fire regulations;
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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7. Conduct or activities that constitute a public nuisance as determined by the City or which otherwise constitute a hazard to public peace, health, or safety.
B. Any and all violations of this Chapter shall count as violations toward the two (2) citations required for non-renewal of the STR permit.
C. A violation of this Chapter shall be subject to the processes and procedures in Chapter
1.40 of the Bakersfield Municipal Code.
D. A STR operator may receive multiple citations for a single event, if it violates multiple provisions of the Bakersfield Municipal Code, or if the violations continue for multiple days without successful resolution.
E. If the STR permit is revoked, no dwelling unit on that parcel may obtain an STR permit for a minimum period of twelve (12) months, regardless of who is the STR operator, and may only be registered thereafter upon request and review by the Development Services Director or their designee.
F. Any STR operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to pay back all unpaid TLT if applicable.
G. The City may take any other action permitted by law or equity to ensure compliance with this Chapter, including, but not limited to, general code enforcement procedures set forth in Title 8,9, and 15 of this Code.
17.74.080 Fees.
The City Council shall establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.
17.74.090 Appeal of a permit denial or revocation.
A. Should an STR permit be denied or revoked, then said applicant may, no later than ten business days after notice of such decision is deposited in the United States mail, addressed to the applicant at the address provided on the application, make written objection to the City Manager or designee setting forth the grounds for dissatisfaction, whereupon the City Manager or designee shall hear such objections at a scheduled hearing;
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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B. As soon as practicable after receiving the appeal, the City Manager or designee shall set a date to hear the appeal, which date shall be within a reasonable time from the date the appeal was filed. The City Manager, or designee, shall give the appellant written notice of the time and place of the hearing at least fifteen days prior to the date of the hearing, either by causing a copy of the notice to be delivered to the appellant personally or by certified mail addressed to the appellant at the address shown on the appeal. At the hearing, the City Manager, or designee, shall hear the appellant and any witnesses, as well as any information to be provided by the Development Services Director, or designee. Upon conclusion of the hearing, the City Manager, or designee, shall render a decision. The decision of the City Manager, or designee, shall be final.
C. Pending the hearing, the decision of the Development Services Director or designee shall remain in full force and effect and any reversal thereof by the City Manager or designee shall not be retroactive but shall take effect as of the date of the City Manager or designee’s decision.
17.74.100 Severability.
If any section, subsection, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed the ordinance codified in this chapter, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portio n of this chapter would be subsequently declared invalid or unconstitutional.
SECTION 2.
This Ordinance shall be posted in accordance with the provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the dat e of its passage.
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I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on _____________________________ by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, KOMAN BASHIRTASH, KAUR NOES: COUNCILMEMBER:___________________________________________________________________ ABSTAIN: COUNCILMEMBER:___________________________________________________________________ ABSENT: COUNCILMEMBER:___________________________________________________________________
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Ordinance Enacting Chapter 17.74 Short-Term Rentals.
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______________________________________
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the Council of
the City of Bakersfield
APPROVED:
By:______________________________
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By: ________________________________
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
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